WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS
Ghana
by
Obi N.I. Ebbe
State University of New York at Brockport
This country report is one of many prepared for the World Factbook
of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau
of Justice Statistics to the State University of New York at
Albany. The project director for the World Factbook of Criminal Justice
was Graeme R. Newman, but responsibility for the accuracy of the
information contained in each report is that of the individual
author. The contents of these reports do not necessarily reflect the
views or policies of the Bureau of Justice Statistics or the U.S. Department
of Justice.
GENERAL OVERVIEW
1. Political System.
Ghana has a multi-party parliamentary
government with an elected President who is both
Chief of the executive branch and the Head of
State. Ghana has a centralized government with
local divisions in eleven regions. There is a
single legislature in the country, consisting of
the President and the National Assembly. Regional
leaders report to the central government in the
capital of Accra.
The criminal justice system is centralized in
that the government has control over the courts,
prisons, judges, and police. The Chief Justice of
the Supreme Court, the Inspector General of
Police, and the Director of Prisons are all
appointed by the government and serve the entire
country.
Ghana is a member of the organization for
African Unity (OAU) and a member of Economic
Community of West African States (ECOWAS). It
joined the British commonwealth in 1960.
2. Legal System.
The Republic of Ghana inherited the English
common law tradition ( For example, the principle of stare decisis was
maintained so that judicial decisions would be
based on legal precedent from the time when Ghana
was a British dependent).
The court structure and
general legal procedures reflect the English
method of law. The Independence Constitution
provides for writs of Habeas Corpus and the
independence of the judiciary.
Ghana has an adversarial system of criminal
justice in which the offender is presumed innocent
until proven guilty. However, most offenders
brought to the attention of the police are
accompanied by persons who caught them in the act,
which tends to eliminate the element of suspicion.
The informal criminal justice system that has
existed in the more rural towns and villages has
survived both the colonial administration and
post-independence administration. During the
colonial era, the colonial governors allowed
traditional chiefs and rulers to administer
justice based on African customary laws, so long
as the laws did not violate English laws and
values (Danquah, 1928; Harvey, 1966; Daniels,
1964).
Today, traditional chiefs and elders are
allowed to try criminal matters in the rural
villages. These village courts may be used by a
chief or elder to dispose of felony crimes (e.g.
aggravated assault, robbery, burglary, stealing),
without drawing a penalty from the government in
Accra.
3. History of Criminal Justice System.
Ghana was originally known as Gold Coast, due
to its gold resources. Ghana attained its current
name in 1957 when it ceased to be a British
Dependency. As a result of 207 years of British
domination, from the British Royal African Company
administration (1750-1842) to Britain's direct
control of the territory (1843-1957), the English
legal system permeated every aspect of the social,
political, and economic life of the Ghanaian
people. Between 1843 and 1925, a British governor
and an all-European executive and legislative
council made laws for the people of Ghana. During
this period, all the laws of Ghana were based on
the English legal system and English normative
standards (Ellis, 1971; GoldSchmidt, 1981; Kaplan,
McLaughlin, Marvin, Moeller, Nelson, and Whiteker,
1971).
In 1853, an ordinance created courts to
handle criminal and civil issues. In 1892, a
criminal code was introduced in Ghana. The
Criminal Code had originally been drafted in 1877,
and was based on the English criminal code and
common law tradition (Ellis, 1971; Kaplan et al,
1971; Daniels, 1964; Rubin and Murray, 1966).
When Gold Coast became the independent state
of Ghana on March 6, 1957, the Independence
Constitution created a National Assembly to act as
the main law-making body for Ghana. The National
Assembly replaced the colonial legislative
assembly.
For a bill to become law in Ghana, it is
first introduced to the National Assembly. After
the bill has passed three readings on the floor of
the National Assembly, it is submitted to the
President for his approval. For a bill to become
an Act of Parliament, and therefore the law of
Ghana, the President's approval is required. The
President of Ghana also has a right to veto a
bill. Over the years, the Ghana Independence
Parliament has amended the colonial laws to suit
the norms, beliefs, and standards of the Ghanaian
people. These changes have included the
revocation of English laws that were in opposition
to the values of the Ghanaian people.
CRIME
1. Classification of Crimes.
* Legal classification.
Crimes are classified as serious and
non-serious crimes or as felonies and misdemeanors
with exception of the "all other offenses"
category. The most serious felonies are murder,
armed robbery, abortion, rape, stealing (grand
larceny), unlawful entry (burglary), possession of
dangerous drugs, possession of cocaine, possession
of heroin, possession of marijuana (Indian hemp),
abduction, extortion, forgery, smuggling
contrabands, and counterfeiting. Misdemeanor
offenses include tax evasion or violation of
ordinances that can be disposed of by fines
instead of imprisonment.
* Age of criminal responsibility. The age of
criminal responsibility is 18 years-old.
* Drug offenses. The three types of dangerous
drugs listed in Ghana police crime statistics are
cocaine, heroin, and Indian hemp. While certain
drugs, such as barbiturates are not illegal drugs,
it is illegal to import them for commercial
purposes without a license and can result in a
criminal charge of smuggling and possessing
dangerous drugs.
2. Crime Statistics.
The following crime statistics are provided and
recorded by the 1989-1991 Annual Report of the
Ghana Police Crime Data Services Bureau. The
approximate population of Ghana in 1991 was 14
million.
* Murder. There were a total of 282 murder cases
recorded by Ghana Police in 1991, at a rate of
2.01 per 100,000 population (The number of murder
cases recorded for previous years are as follows:
275 (1990) and 239 (1989)).
Attempts are not included.
* Rape. There were a total of 408 cases of rape
recorded by Ghana police in 1991, at a rate of
2.91 per 100,000 population. The number of
recorded rape cases for previous years are as
follows: 375 (1990) and 274 (1989).
* Theft. There were a total of 40,254 cases of
theft recorded by Ghana Police in 1991, at a rate
of 287.52 per 100,000 population. (The number
of recorded theft cases for previous years are as
follows: 38,532 (1990) and 41,056 (1989)).
* Drug offenses. There were a total of 770 drug
offense cases recorded by Ghana police in 1991.
(The number of recorded drug cases for previous
years (including possession of dangerous drugs and
marijuana) are as follows: 737 (1990) and 637
(1989)).
Drug offenses include the possession of dangerous
drugs and marijuana. They were committed at a
rate of 5.5 per 100,000 population.
* Crime regions. In the three year period between
1989 and 1991, the Ashanti and Accra regions had
the highest incidence of murder, rape and armed
robbery. They were also the regions with the
highest population density and highest amount of
commercial enterprise.
VICTIMS
1. Groups Most Victimized By Crime.
There are no systematic records of the number
of victims or their personal characteristics in
Ghana.
2. Victims' Assistance Agencies.
Ghana does not have victim assistance
programs. Victim service agencies are regarded as
unnecessary since the rate of criminal
victimization is relatively low in Ghana.
3. Role of Victim in Prosecution and Sentencing.
If the victim observed the crime being
committed, s/he may appear as a crown witness in
the prosecution. However, the victim has no role
in the sentencing process.
4. Victims' Rights Legislation.
Information not Available.
POLICE
1. Administration.
Ghana has a centralized police system. The
members of the force are recruited from all eleven
regions of the country. The police districts
report directly to the Ghana Police Regional
Headquarters, who in turn report to the Ghana
Police Services Headquarters in Accra.
The Republican Constitution of 1960 empowered
the President of Ghana to appoint the Chief
Executive Officer of the Ghana Police Services,
who has the title of Inspector General of Police.
Ghana Police Services fall under the authority of
the Ministry of the Interior. The rank order of
the Ghana Police Force (from highest to lowest) is
as follows: Inspector General (The Chief Executive
Officer), Deputy Inspector General of Police,
Commissioner of Police, Deputy Commissioner of
Police, Chief Superintendent, Superintendent,
Deputy Superintendent, Assistant Superintendent,
Inspector, Sub-Inspector, Sergeant, Corporal,
Lance-Corporal, Constable (Private), and Recruit.
The senior officer category includes
positions from the Inspector General to the
Assistant Superintendent. The junior officers
include the positions of Inspectors and
Sub-inspector, while the positions of Sergeant and
Lance-Corporal constitute the category of
non-commissioned officers (NCO).
There are eleven police regions, including
the Ghana Police Force Headquarters in Accra.
Each police region is administered by an Assistant
Commissioner of Police. Each region is divided
into divisions, and each division is subdivided
into police districts with many police stations
and posts operating in each district.
Within Ghana Police Services, the Inspector
General of Police (the Chief Executive Officer)
and a Deputy Inspector General are in charge of
the Criminal Investigation Department (CID).
Another Deputy Inspector General is in charge of
Administration. There are five other departments
operating under the authority of a separate
commissioner or a deputy commissioner. These five
departments include the Training Department,
Welfare Department, Services Department, Technical
Department, and Operations Department.
The Ghana police are responsible for the
detection of crime, offender apprehension, law and
order maintenance, protection of lives and
property, motor vehicle licensing and driver
licensing, the licensing of hunting guns,
inspection of vehicles for road worthiness, escort
and body-guard services for ministers and senior
government officials, the prosecution of
offenders, riot control, collection of certain
rates and taxes for the government, traffic
control, and the escort of convicted offenders to
prisons.
2. Resources.
* Expenditures. The annual expenditure of the
Ghana police was not available for this report.
The Inspector General, however, presents his
department's annual budget to the Minister of the
Interior who in turn, presents it to the Cabinet
and to the Parliament for debate.
* Number of police. Statistics on the number and
personal characteristics of the police are not
available to the public.
3. Technology.
* Availability of police automobiles. The police
are equipped with patrol vehicles.
* Electronic equipment. The police are equipped
with radio communication devices, computer
recording devices, and riot control devices.
* Weapons. The mobile police unit is a
para-military division which is heavily armed with
automatic rifles for controlling syndicated
criminals, highway robbers, and land-based, armed
international smugglers. General duty police
officers do not carry firearms, except in
emergencies or when they are involved in
assignments that carry a high likelihood of deadly
violence.
4. Training and Qualifications.
The Ghana Police Training Center (PTC) in
Accra trains recruits for a six month duration.
Individuals aspiring to enter the Police Training
Center must be at least 18 but no more than 35
years-old and be at least five feet, eight inches
tall. The minimum educational requirement for
recruits is an elementary school diploma (First
School Learning Certificate). The individual must
be free from sight, vocal, and physical
impairments (Kaplan, et al., 1971; Quaye, 1993).
The Ghana Police College in Accra trains
cadets who become police officers. Before being
admitted into the Ghana Police College, cadets are
required to have a High School diploma or School
Certificate of the West Africa Examinations
Council. Cadets spend a year at the Police
College in order to become commissioned Assistant
Superintendents. Today, individuals with a
university degree in the social sciences and other
sciences have started joining the Ghana police.
However, these individuals must also undergo the
one-year training at the Ghana Police College.
Some non-commissioned officers with the rank of
Inspector can be promoted to the rank of Assistant
Superintendent without undergoing any training at
the Police College (Agyapong, 1993).
5. Discretion.
* Use of force. The Ghana police use deadly force
only when an offender resists an arrest or is
armed and refuses to surrender.
* Stop/apprehend a suspect. Ghana police have wide
discretionary powers in the areas of arrest,
search and seizure, and determining the cases they
will bring to court. An offender reaches a
district court or a magistrates court only if the
police decide to take the matter to court.
* Decision to arrest.
Information not available.
* Searches and seizures. The Ghana police are
required to obtain a warrant from the District
Magistrate before any search and seizure may take
place. However, in practice, a warrant is not
always obtained. Even if the police engage in a
warrantless search and seizure, the case can still
be brought to court.
* Confessions. Any statement made by a suspect in
the absence of a defense attorney can be admitted
into evidence.
6. Accountability.
The Ghana Police is a political force and
strong ally to the Head of State and top
government officials. In effect, the Police
Service Commission is powerless to discipline
police officers. There is no agency or person
responsible for monitoring the police in Ghana.
PROSECUTORIAL AND JUDICIAL PROCESS
1. Rights of the Accused.
* Rights of the accused at trial. The defendant
has a right to plead guilty before the prosecution
presents the case to the court. However, a guilty
plea does not automatically result in the
magistrate or judge imposing a lesser sentence.
The defendant also has the right to introduce
witnesses in his/her defense, as well as a right
to confront opposing witnesses.
* Assistance to the accused. If the accused is
indigent, the state will provide a public defender
for legal representation.
2. Procedures.
* Preparatory procedures for bringing a suspect to
trial. After police arrest the suspect, criminal
proceedings are initiated in a District Court or a
Circuit Court, with the exception of offenses that
require a death sentence or life imprisonment as
the maximum penalty. All crimes requiring death
penalty or a life sentence are first initiated in
a High Court. A crime may be tried summarily or
by indictment depending on whether the crime is a
misdemeanor or a felony (Twumasi, 1985).
Generally, most misdemeanors are tried summarily,
which does not require going to the high court.
All serious offenses are tried by indictment in a
Circuit Court or a High Court. Offenders are tried
by a Magistrate in the District Court and by a
Circuit Judge in a Circuit Court. There are
neither jury trials nor grand juries. Jury trials
in Ghana ceased with the end of the colonial
administration of justice in 1957.
* Official who conducts prosecution. The police
prosecute criminal cases in Ghana. Police
officers who investigate a crime may also appear
as crown witnesses.
* Alternatives to going to trial. There is no
plea bargaining in Ghana. In certain cases when
the offender and victim live in the same locality,
the judge may refer the case to the local chief
who attempts to settle the matter informally.
* Proportion of prosecuted cases going to trial.
Information not available.
* Pre-trial incarceration conditions.
Information not available.
* Bail procedure. Cases involving the possibility
of a trial often require suspects to be kept in
police custody until they are bailed out by a
relative, an acceptable friend, or a defense
attorney. Only well known property owners are
ever released on their own recognizance. Suspects
charged with serious offenses may be granted bail
if there is reason to believe they will not
abscond. If the offense carries a maximum penalty
of life imprisonment or death, suspects are not
granted bail.
* Proportion of pre-trial offenders incarcerated.
For the years 1989, 1990, and 1991, not more than
36.5% of the cases that were sent to court had
suspects incarcerated while awaiting trial.
JUDICIAL SYSTEM
1. Administration.
The judiciary is independent of the executive
branch and the National Assembly. The Republican
Constitution and the Court Act of 1960 established
a dual system of courts, which modified the older
colonial judicial system. This dual system of
courts consist of superior and inferior courts
(Harvey, 1966; GoldSchmidt, 1981; Twumasi, 1985).
The superior courts handle English laws that
are still operative in Ghana, as well as statutory
law, common law, ordinances, and laws that have
been promulgated by Ghana post-independence
legislatures. Inferior courts decide less serious
felonies, misdemeanors, and cases involving
customary law violations (Kaplan et al.,
GoldSchmidt, 1981).
There are three levels of superior courts:
The Supreme Court, the Court of Appeal, and the
High Court. The Supreme Court and the Court of
Appeal do not sentence offenders in criminal
cases. They review the legal principles applied
and direct the lower court from where the appeal
came to deliver an appropriate judgment and
sentence the offender accordingly. Inferior
courts consist of the Circuit Court, the District
Court, and all customary courts.
The Supreme Court. The Supreme Court of Ghana is
the highest court of the land. The Court is
composed of the Chief Justice (the president of
the court) and six other justices. The Court
hears all criminal cases referred to it. Supreme
Court decisions are final. Appeals from this
court to the Privy Council in London are not
allowed.
Court of Appeal. The Court of Appeal has
appellate jurisdiction over all High Court
decisions, except in cases where appeals must be
brought to the Supreme Court or where appeals are
derived from a criminal conviction arising from a
summary trial in a Circuit Court (Twumasi, 1985;
Kaplan et al., 1971).
High Court. The High Court hears appeals from
Circuit Courts, District Magistrate's Courts, or
Juvenile Courts. One to three judges of the
Supreme Court or Circuit Court can be requested to
hear a case at the High Court. There is a High
Court in each of the eleven regions of Ghana and a
twelfth in the capital city of Accra (GoldSchmidt,
1981; Twumasi, 1985).
Circuit Courts. Circuit Courts have original
jurisdiction in less serious criminal cases.
Appeals from a Circuit Court are brought to the
High Court, while indictment decisions made at the
trial are specifically brought to the Supreme
Court (Kaplan et al., 1971; Twumasi, 1985;
GoldSchmidt, 1981).
District Courts. District Courts are divided into
Grades I and II. A Grade I District Court has
greater power than a Grade II District Court.
Both have original jurisdiction in criminal
matters. District Court judges cannot impose more
than one year's imprisonment and fines cannot
exceed 65,000 Cedis. Appeals from the District
Courts are brought to the High Court that has
jurisdiction over the district. The High Court
also has authority over all District Court
Magistrates in its jurisdiction (Kaplan et al.,
GoldSchmidt, 1981; and Twumasi, 1985).
Customary Courts. Customary courts are located
in rural towns and are loosely regulated. Case
decisions are made by a chief or a council of
elders. Appeals can be made to the District
Court.
2. Special Courts.
Juvenile Court. The Juvenile Court in Ghana is
made up of four members: a laywoman, a layman and
two magistrates. They hear cases involving
juveniles who are 17 years-old or under. The
court itself is not permanent. It operates on an
ad hoc basis because there are long periods of
time without juvenile cases to hear. Juvenile
court sessions are usually held only in large city
districts. Because most juvenile offenses are
handled informally, there are usually a maximum of
ten juvenile court sessions held during the year
for the entire country.
3. Judges.
* Number of judges. Information not available.
* Appointments and qualifications. The Chief
Justice is the head of the judiciary. The Chief
Justice of the Supreme Court and other justices
are appointed by the President of the Republic,
with the recommendation of the Ghana Judicial
Council. The justices of the Supreme Court serve
the Court until the age of 65. The justices of
the Court of Appeal, the Circuit Court Judges, and
the High Court Judges, and District Magistrates
are all appointed by the President of the
Republic.
All the judges and magistrates of the courts
have law degrees either from British universities
or Ghanaian universities. In order to practice
law in Ghana, each judge, magistrate, and lawyer
must become members of the Ghana Bar Association,
by passing the Ghana Bar Examinations. Customary
court judges are laymen without formal legal
training. They are appointed by the government
either by inherited traditional leadership or
other qualifications (Agyapong, 1993).
PENALTIES AND SENTENCING
1. Sentencing Process.
* Who determines the sentence? A District
Magistrate, or the judge of a High Court or
Circuit Court can sentence an offender. When a
panel of judges hear a case in a High Court,
conviction and sentencing decisions must be
unanimous.
* Is there a special sentencing hearing? There is
no special sentencing hearing.
* Which persons have input into the sentencing
process? Psychiatrists may be consulted if
insanity is being used as a defense. Social
workers acting as probation officers and medical
experts may be consulted in sentencing, as well.
2. Types of Penalties.
* Range of penalties. Fines, compensation,
community service, or probation may be imposed for
less serious offenses (e.g. petty larceny,
aggravated assault, strong-arm robbery). Prison
sentences range from one year to life without
parole. Life sentences are imposed for murder and
treason, and can be imposed for armed robbery and
counterfeiting or currency offenses.
* Death penalty. Death sentences are carried out
by firing-squad. The number of persons executed
over the past five to ten years has not been made
public. Most offenders that have been executed
since 1975 were convicted of felony treason and
conspiracy to overthrow the government of Ghana.
PRISON
1. Description.
* Number of prisons and type. As of September 31,
1993 there were 33 correctional facilities,
including one maximum security prison. Most of the
correctional facilities are used for short-term
incarceration. Open prisons are also used for
less dangerous offenders. Medium security prisons
are used for persons serving a one to two-year
prison sentence (Anson, 1990).
There are a number of facilities which house
delinquent juveniles who have committed
non-serious crimes. These facilities are managed
by the Salvation Army Church, which helps to avoid
the labeling of the juveniles as criminals or as
persons in prison. Although the juveniles do
receive a criminal record, it is erased after a
period of three years (Seidman, 1969; Kaplan, et
al., 1971). These facilities also provide
educational programs.
There are also five "Industrial Schools" that
are used for juvenile offenders 15-17 years-old.
They are managed by the Ghana Ministry of Social
Welfare and Community Development and provide
vocational and educational programs. Juveniles in
these schools generally attain permanent criminal
records.
There are two Borstal Institutions used for
offenders 17-20 years of age who have committed
more serious crimes and cannot be handled
effectively at industrial schools. Borstal homes
are categorized between a minimum and maximum
security prison. Most offenders in these homes
are young and have not committed very serious
offenses.
Juveniles appear before a juvenile court only
if they have committed a crime. Activities
resembling "status offenses" are resolved as
family matters.
* Number of prison beds. Because of the few
number of prisons and the fact that each prison is
capable of holding only up to 500 inmates, there
is a tremendous over-crowding problem (Seidman,
1969).
* Average daily population/number of prisoners.
The actual number of inmates in all prisons in
Ghana is not available.
* Number of annual admissions. Information not
available.
* Actual or estimated proportions of inmates
incarcerated. Information not available.
2. Administration.
* Administration. The Ghana penal system is
governed by the Prison Ordinance of 1960. The
system is a national, centralized system,
operating under the authority of the Director of
Prisons.
* Prison guards. Information not available.
* Training and qualifications. Most of the prison
officers are trained in Ghana; some are trained in
Europe. Some officers also hold university
degrees. Depending on the qualifications at the
point of entry into the prisons service, training
can last from six months to one year. Warden
recruits are required to have a First School
Learning Certificate (Elementary School diploma)
or a high school diploma. These recruits must
complete six months training before becoming
certified wardens and can be assigned to any
correctional facility in the country.
* Expenditure on the prison system. Information
not available.
3. Prison Conditions.
* Remissions. Inmates in both maximum and medium
security prisons can get time off for good
behavior. Similarly, inmates at the minimum
security prisons may also be granted early release
for good conduct.
* Work/education. Each prison has vocational and
education programs. It should be noted that the
offender's prior criminal record does not affect
employment opportunities after release because
potential employers are not allowed to inquire
about prior criminal convictions.
* Amenities/privileges. Maximum and medium
security prisons allow visitors on the weekends.
Open prisons have visiting hours available on
certain weekdays. All of the prisons provide
recreational facilities.
EXTRADITION AND TREATIES
* Extradition. All member states of the Economic
Community of West African States (ECOWAS) have
reciprocal extradition treaties. Under this
arrangement, citizens of each country can visit a
member country without a visa.
* Exchange of prisoners. Information not
available.
* Specified conditions. Information not
available.
SOURCES
Aggor, Seth G. Commissioner of Police in charge of
the CID, Ghana Police Services. Personal
Interviews: May 28 and September 6 1993
Agyapong, Owusu-Ansah. Personal Interview:
May 28 and September 6, 1993.
Anson, C. A., Ghana Ministry of Justice, Attorney
General's Department, response to 1990
survey.
Agyapong, Professor Owusu-Ansah, Personal
Interview on Ghana prisons, police and
government: May 28 and September 6, 1993.
Address: Chair of Department of Sociology,
Criminal Justice, and Social Work, Florida
A & M University, Tallahassee, FL, 32307,
Phone: 904-561-2264 (office).
Constitution of Ghana 1960, Art. 9 and 42 (2),
(3). Courts Act 9, (1960).
Criminal Code (Amendment No. 2) Act, 1962;
Amendment, 1965.
Criminal Procedure Code, 1960 (Act. 29);
Amendment, 1961; Amendment 1962.
Daniels, W.C. Ekow. The Common Law in West Africa.
(London: Butterworths), 1964.
Danquah, J.B. Gold Coast: Akan Laws and Customs
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George Routledge & Sons, Ltd), 1928.
Ellis, A.B. A History of Gold Coast of West
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Ghana Police Force Headquarters Annual Reports,
1957 to 1970; 1989-1991.
GoldSchmidt, Jenny E. National and Indigenous
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Publishing Corporation), 1981.
Harvey, William B. Laws and Social Change in
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Press), 1966.
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Moeller, H.D. Nelson, and D.P. Whiteker
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(Washington, D.C.: U.S. Government Printing
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Director, Crime Data Services Bureau, Ghana
Police Services Headquarters, P.O. Box 505,
Accra, Ghana. Phone: 773916
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and Government of Ghana, 2nd edition.
(London: Sweet and Maxwell), 1966.
Seidman, R.B., "The Ghana Prison System: An
Historical Perspective," in Alan Milner (ed.)
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in Ghana. (Accra: Ghana Publishing
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Publishing Corporation), 1985